THE Court of the Economic Community of West
African States, ECOWAS has declared the arrest and detention of former
National Security Adviser, Col. Sambo Dasuki (rtd) as infringement of his
fundamental human rights and therefore ordered his immediate release alongside
a sum of N15million as damages.
Dasuki is facing multiple trials for alleged
diversion of $2.1 billion meant for the purchase of arms in the immediate past
administration. He is also accused of illegal possession of fire arms. Following his loss of confidence in the technicality in the Nigeria's courts, he
approached the ECOWAS court after he was rearrested by members of Nigeria’s
State Security Service shortly after meeting his bail conditions in November
last year.
The ex-NSA has remained in the custody of the SSS
since his arrest. In a judgment by a three-member panel led by Justice Friday Nwoke, the court ruled that Nigeria’s government was wrong in arresting Mr. Dasuki without a search
warrant, adding that the pattern of arrest negates the provisions of Section 28
of the Nigerian Police Act. According to the said section, a superior police
officer may authorise the search of a resident belonging to a suspect assumed
to be in illegal possession of an item, if the officer so authorised has a
search warrant.Hence, the court declared his arrest and detention illegal and unconstitutional.
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